Criminal court proceedings often take months or longer than a year from beginning to end. Many defendants facing charges do not spend that entire time in state custody. Instead, they post bail to secure their release before trial.
Bail involves providing money to the courts as surety for the defendant’s future appearance in court. The amount of bail required for release depends on the severity of the charges, the defendant’s likelihood to leave the area and even their prior criminal record. Defendants who have posted bail must appear in court for all scheduled hearings related to their pending charges.
What are the potential consequences of a missed appearance while facing criminal charges?
Immediate court-imposed consequences
The judge presiding over the hearing updates official records to reflect the absence of the defendant. The courts typically issue a bench warrant immediately. Additionally, the courts revoke bail. In some cases, the state may even pursue additional criminal charges for failing to appear. Failing to appear is a Class A misdemeanor.
Long-term consequences
Having a record of failing to appear can have major implications for the defendant should they ever face prosecution again. The courts may be more likely to view them as a flight risk and may deny them bail or set a much higher amount. Additionally, the failure to appear at a hearing can have an impact on the pending criminal charges. The courts may find the defendant to be less credible. Lenient sentencing is less likely in cases where defendants have displayed misconduct during a trial.
The steps to address a missed appearance
Defendants who have missed a criminal hearing typically need to speak with a criminal defense attorney. If they have not yet retained a lawyer, they may need to do so. In some cases, their lawyer can explain to the courts that extenuating circumstances impacted the defendant’s ability to appear as required. Perhaps they were in a car crash on the way to their hearing, or maybe a family emergency arose the night before, and they forgot due to stress and sleep deprivation. The lawyer representing the defendant can also request a new court date, allowing them to proceed with their criminal case in a timely manner.
Avoiding missed hearings
Defendants who have already posted bail should make every reasonable effort to ensure they attend all hearings. Individuals may want to set reminders in their phones and write details about hearings on physical calendars in their homes or offices. They may need insight into court schedules and to communicate with their defense lawyer regularly to ensure they are aware of all upcoming appearances.
Having legal representation when facing criminal charges makes it less likely for a defendant to make a major mistake that could hurt their case during a criminal trial. An attorney’s guidance and reminders can help ensure that defendants attend hearings or help to minimize the implications of a missed hearing if they fail to appear in court due to unexpected complications.